نوع مقاله : مقاله پژوهشی
نویسنده
استاد گروه حقوق کیفری و جرمشناسی، دانشکده حقوق، دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Pakistan's criminal system, rooted in the common-law tradition, has evolved at the intersection of two principal legal sources: Islamic jurisprudence and English law. Its English lineage may be traced to the legal heritage of British India, most notably the Penal Code 1860, whereas the incorporation of Islamic jurisprudence into the country's normative framework emerged through legislative developments following independence. Adopting a descriptive-analytical methodology, this study examines the reciprocal interaction between Islamic jurisprudence and English law in Pakistan's contemporary criminal law. The findings indicate that the English legal tradition has largely persisted in the sphere of general criminal-law principles and Ta'zirat, whereas Islamic jurisprudence has assumed a substantive role in shaping the legal framework governing Hudud, Qisas, and Diyat. In this process, the Hanafi school has constituted the principal jurisprudential foundation underlying criminal legislation.
The Islamisation of criminal law initially materialised through the enactment of specific statutory provisions concerning Hudud. Subsequently, the rules governing Qisas and Diyat were incorporated into the country's positive law through a series of amendments to the English-derived Penal Code, particularly with respect to offences against bodily integrity. This hybrid legislative model subsequently provided a framework that was emulated, in varying forms, by certain jurisdictions whose criminal-law systems were likewise derived from the Indian Penal Code, as illustrated by the Sharia-based criminal provisions subsequently adopted in Nigeria.
کلیدواژهها [English]
)